Waiver and variance of rights and waiver and variance of rights and duties

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  • Except as otherwise provided in § 9–624, to the extent that they give rights to a debtor or obligor and impose duties on a secured party, the debtor or obligor may not waive or vary the rules stated in the following listed sections:
    • (1) Section 9–207(b)(4)(C), which deals with use and operation of the collateral by the secured party;

    • (2) Section 9–210, which deals with requests for an accounting and requests concerning a list of collateral and statement of account;

    • (3) Section 9–607(c), which deals with collection and enforcement of collateral;

    • (4) Sections 9–608(a) and 9–615(c) to the extent that they deal with application or payment of noncash proceeds of collection, enforcement, or disposition;

    • (5) Sections 9–608(a) and 9–615(d) to the extent that they require accounting for or payment of surplus proceeds of collateral;

    • (6) Section 9–609 to the extent that it imposes upon a secured party that takes possession of collateral without judicial process the duty to do so without breach of the peace;

    • (7) Sections 9–610(b), 9–611, 9–613, and 9–614, which deal with disposition of collateral;

    • (8) Section 9–615(f), which deals with calculation of a deficiency or surplus when a disposition is made to the secured party, a person related to the secured party, or a secondary obligor;

    • (9) Section 9–616, which deals with explanation of the calculation of a surplus or deficiency;

    • (10) Sections 9–620, 9–621, and 9–622, which deal with acceptance of collateral in satisfaction of obligation;

    • (11) Section 9–623, which deals with redemption of collateral;

    • (12) Section 9–624, which deals with permissible waivers; and

    • (13) Sections 9–625 and 9–626, which deal with the secured party's liability for failure to comply with this article.


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