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Title XXVI TRADE AND COMMERCE

Chapter 400

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  400.9-602.  Waiver of variance of rights and duties. — Except as otherwise provided in section 400.9-624, 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 400.9-207(b)(4)(C), which deals with use and operation of the collateral by the secured party;

  (2)  Section 400.9-210, which deals with requests for an accounting and requests concerning a list of collateral and statement of account;

  (3)  Section 400.9-607(c), which deals with collection and enforcement of collateral;

  (4)  Sections 400.9-608(a) and 400.9-615(c) to the extent that they deal with application or payment of noncash proceeds of collection, enforcement, or disposition;

  (5)  Sections 400.9-608(a) and 400.9-615(d) to the extent that they require accounting for or payment of surplus proceeds of collateral;

  (6)  Section 400.9-609 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 400.9-610(b), 400.9-611, 400.9-613 and 400.9-614, which deal with disposition of collateral;

  (8)  Section 400.9-615(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 400.9-616, which deals with explanation of the calculation of a surplus or deficiency;

  (10)  Sections 400.9-620, 400.9-621 and 400.9-622, which deal with acceptance of collateral in satisfaction of obligation;

  (11)  Section 400.9-623, which deals with redemption of collateral;

  (12)  Section 400.9-624, which deals with permissible waivers; and

  (13)  Sections 400.9-625 and 400.9-626, which deal with the secured party's liability for failure to comply with this article.

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(L. 2001 S.B. 288, A.L. 2002 S.B. 895)


---- end of effective   28 Aug 2002 ----

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