§490:9-602 - Waiver and variance of rights and duties.
§490:9-602 Waiver and variance of rights
and duties. Except 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. [L 2000,
c 241, pt of §1]