Current through the 2024 Legislative Session
Section 490:9-602 - Waiver and variance of rights and dutiesExcept as otherwise provided in section 490:9-624, 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 490:9-207(b)(4)(C), which deals with use and operation of the collateral by the secured party;(2) Section 490:9-210, which deals with requests for an accounting and requests concerning a list of collateral and statement of account;(3) Section 490:9-607(c), which deals with collection and enforcement of collateral;(4) Sections 490:9-608(a) and 490:9-615(c) to the extent that they deal with application or payment of noncash proceeds of collection, enforcement, or disposition;(5) Sections 490:9-608(a) and 490:9-615(d) to the extent that they require accounting for or payment of surplus proceeds of collateral;(6) Section 490:9-609 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 490:9-610(b), 490:9-611, 490:9-613, and 490:9-614, which deal with disposition of collateral;(8) Section 490:9-615(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 490:9-616, which deals with explanation of the calculation of a surplus or deficiency;(10) Sections 490:9-620, 490:9-621, and 490:9-622, which deal with acceptance of collateral in satisfaction of obligation;(11) Section 490:9-623, which deals with redemption of collateral;(12) Section 490:9-624, which deals with permissible waivers; and(13) Sections 490:9-625 and 490:9-626, which deal with the secured party's liability for failure to comply with this article.