Oregon Statutes - Chapter 79 - Secured Transactions - Section 79.0602 - UCC 9-602. Waiver and variance of rights and duties.

Except as otherwise provided in ORS 79.0624, 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) ORS 79.0207 (2)(d)(C), which deals with use and operation of the collateral by the secured party;

(2) ORS 79.0210, which deals with requests for an accounting and requests concerning a list of collateral and statement of account;

(3) ORS 79.0607 (3), which deals with collection and enforcement of collateral;

(4) ORS 79.0608 (1) and 79.0615 (3) to the extent that they deal with application or payment of noncash proceeds of collection, enforcement or disposition;

(5) ORS 79.0608 (1) and 79.0615 (4) to the extent that they require accounting for or payment of surplus proceeds of collateral;

(6) ORS 79.0609 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) ORS 79.0610 (2), 79.0611, 79.0613 and 79.0614, which deal with disposition of collateral;

(8) ORS 79.0615 (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) ORS 79.0616, which deals with explanation of the calculation of a surplus or deficiency;

(10) ORS 79.0620, 79.0621 and 79.0622, which deal with acceptance of collateral in satisfaction of obligation;

(11) ORS 79.0623, which deals with redemption of collateral;

(12) ORS 79.0624, which deals with permissible waivers; and

(13) ORS 79.0625 and 79.0626, which deal with the secured party’s liability for failure to comply with this chapter. [2001 c.445 §100]

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Last modified: August 7, 2008