Missouri Revised Statutes
Chapter 400
Uniform Commercial Code
←400.09-601
Section 400.9-602.1
400.09-603→
August 28, 2015
Waiver of variance of rights and duties.
400.9-602. 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.
(L. 2001 S.B. 288, A.L. 2002 S.B. 895)
2001
2001
400.9-602. 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, a secured party may not require the debtor or obligor to
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 400.9-616, which deals with explanation of the
calculation of a surplus or deficiency;
(9) Sections 400.9-620, 400.9-621 and 400.9-622, which deal with
acceptance of collateral in satisfaction of obligation;
(10) Section 400.9-623, which deals with redemption of collateral;
(11) Section 400.9-624, which deals with permissible waivers; and
(12) 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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