N.Y. Uniform Commercial Code Law Section 9-602
Waiver and Variance of Rights and Duties

Section 9--602. Waiver and Variance of Rights and Duties. Except as otherwise provided in Section 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:

(a)

Section 9--207 (b) (4) (C), which deals with use and operation of the collateral by the secured party;

(b)

Section 9--210, which deals with requests for an accounting and requests concerning a list of collateral and statement of account;

(c)

Section 9--607 (c), which deals with collection and enforcement of collateral;

(d)

Sections 9--608 (a) and 9--615 (c) to the extent that they deal with application or payment of noncash proceeds of collection, enforcement, or disposition;

(e)

Sections 9--608 (a) and 9--615 (d) to the extent that they require accounting for or payment of surplus proceeds of collateral;

(f)

Section 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;

(g)

Sections 9--610 (b), 9--611, 9--613, and 9--614, which deal with disposition of collateral;

(h)

Section 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;

(i)

Section 9--616, which deals with explanation of the calculation of a surplus or deficiency;

(j)

Sections 9--620, 9--621, and 9--622, which deal with acceptance of collateral in satisfaction of obligation;

(k)

Section 9--623, which deals with redemption of collateral;

(l)

Section 9--624, which deals with permissible waivers; and

(m)

Sections 9--625 and 9--626, which deal with the secured party’s liability for failure to comply with this article.

Source: Section 9-602 — Waiver and Variance of Rights and Duties, https://www.­nysenate.­gov/legislation/laws/UCC/9-602 (updated Sep. 22, 2014; accessed May 11, 2024).

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Accessed:
May 11, 2024

Last modified:
Sep. 22, 2014

§ 9-602’s source at nysenate​.gov

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