Waiver and Variance of Rights and Duties.

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34.1-9-602. Waiver and variance of rights and duties.

(a) Except as otherwise provided in section 34.1-9-624, 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:

(i) Section 34.1-9-207(b)(iv)(C), which deals with use and operation of the collateral by the secured party;

(ii) Section 34.1-9-210, which deals with requests for an accounting and requests concerning a list of collateral and statement of account;

(iii) Section 34.1-9-607(c), which deals with collection and enforcement of collateral;

(iv) Sections 34.1-9-608(a) and 34.1-9-615(c) to the extent that they deal with application or payment of noncash proceeds of collection, enforcement or disposition;

(v) Sections 34.1-9-608(a) and 34.1-9-615(d) to the extent that they require accounting for or payment of surplus proceeds of collateral;

(vi) Section 34.1-9-609 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;

(vii) Sections 34.1-9-610(b), 34.1-9-611, 34.1-9-613 and 34.1-9-614, which deal with disposition of collateral;

(viii) Section 34.1-9-615(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;

(ix) Section 34.1-9-616, which deals with explanation of the calculation of a surplus or deficiency;

(x) Sections 34.1-9-620, 34.1-9-621 and 34.1-9-622, which deal with acceptance of collateral in satisfaction of obligation;

(xi) Section 34.1-9-623, which deals with redemption of collateral;

(xii) Section 34.1-9-624, which deals with permissible waivers; and

(xiii) Sections 34.1-9-625 and 34.1-9-626, which deal with the secured party's liability for failure to comply with this article.


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