Hawaii Revised Statutes 490:9-602 Waiver and Variance of Rights and Duties.

§490:9-602 Waiver and variance of rights and duties. Except as otherwise provided in section 490:9-624, 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 490:9-207(b)(4)(C), which deals with use and operation of the collateral by the secured party;

(2) Section 490:9-210, which deals with requests for an accounting and requests concerning a list of collateral and statement of account;

(3) Section 490:9-607(c), which deals with collection and enforcement of collateral;

(4) Sections 490:9-608(a) and 490:9-615(c) to the extent that they deal with application or payment of noncash proceeds of collection, enforcement, or disposition;

(5) Sections 490:9-608(a) and 490:9-615(d) to the extent that they require accounting for or payment of surplus proceeds of collateral;

(6) Section 490:9-609 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 490:9-610(b), 490:9-611, 490:9-613, and 490:9-614, which deal with disposition of collateral;

(8) Section 490:9-615(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 490:9-616, which deals with explanation of the calculation of a surplus or deficiency;

(10) Sections 490:9-620, 490:9-621, and 490:9-622, which deal with acceptance of collateral in satisfaction of obligation;

(11) Section 490:9-623, which deals with redemption of collateral;

(12) Section 490:9-624, which deals with permissible waivers; and

(13) Sections 490:9-625 and 490:9-626, which deal with the secured party's liability for failure to comply with this article. [L 2000, c 241, pt of §1]

Section: Previous  490-9-522  490-9-523  490-9-524  490-9-525  490-9-526  490-9-527  490-9-601  490-9-602  490-9-603  490-9-604  490-9-605  490-9-606  490-9-607  490-9-608  490-9-609  Next

Last modified: October 27, 2016