Title 70A - Uniform Commercial Code - Chapter 9a - Uniform Commercial Code - Secured Transactions - Part 6 - Default - Section 602 - Waiver and variance of rights and duties.

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Utah Code

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70A-9a-602 Waiver and variance of rights and duties. Except as otherwise provided in Section 70A-9a-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) Subsection 70A-9a-207(2)(d)(iii), which deals with use and operation of the collateral by the

secured party; (2) Section 70A-9a-210, which deals with requests for an accounting and requests concerning a list

of collateral and statement of account; (3) Subsection 70A-9a-607(3), which deals with collection and enforcement of collateral; (4) Subsections 70A-9a-608(1) and 70A-9a-615(3) to the extent that they deal with application or

payment of noncash proceeds of collection, enforcement, or disposition; (5) Subsections 70A-9a-608(1) and 70A-9a-615(4) to the extent that they require accounting for or

payment of surplus proceeds of collateral; (6) Section 70A-9a-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) Subsection 70A-9a-610(2) and Sections 70A-9a-611, 70A-9a-613, and 70A-9a-614, which deal

with disposition of collateral; (8) Subsection 70A-9a-615(6), 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 70A-9a-616, which deals with explanation of the calculation of a surplus or deficiency; (10) Sections 70A-9a-620, 70A-9a-621, and 70A-9a-622, which deal with acceptance of collateral

in satisfaction of obligation; (11) Section 70A-9a-623, which deals with redemption of collateral; (12) Section 70A-9a-624, which deals with permissible waivers; and (13) Sections 70A-9a-625 and 70A-9a-626, which deal with the secured party's liability for failure to

comply with this chapter.

Enacted by Chapter 252, 2000 General Session