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Current as of January 01, 2025 | Updated by Findlaw Staff
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.
Cite this article: FindLaw.com - Utah Code Title 70A. Uniform Commercial Code § 70A-9a-602. Waiver and variance of rights and duties - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-70a-uniform-commercial-code/ut-code-sect-70a-9a-602/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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