30-9A-602. Waiver and variance of rights and duties. - Montana Statutes

     30-9A-602. Waiver and variance of rights and duties. Except as provided in 30-9A-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) 30-9A-207(2)(d)(iii), which deals with use and operation of the collateral by the secured party;
     (2) 30-9A-210, which deals with requests for an accounting and requests concerning a list of collateral and statement of account;
     (3) 30-9A-607(3), which deals with collection and enforcement of collateral;
     (4) 30-9A-608(1) and 30-9A-615(3) to the extent that they deal with application or payment of noncash proceeds of collection, enforcement, or disposition;
     (5) 30-9A-608(1) and 30-9A-615(4) to the extent that they require accounting for or payment of surplus proceeds of collateral;
     (6) 30-9A-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) 30-9A-610(2), 30-9A-611, 30-9A-613, and 30-9A-614, which deal with disposition of collateral;
     (8) 30-9A-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) 30-9A-616, which deals with explanation of the calculation of a surplus or deficiency;
     (10) 30-9A-620 through 30-9A-622, which deal with acceptance of collateral in satisfaction of obligation;
     (11) 30-9A-623, which deals with redemption of collateral;
     (12) 30-9A-624, which deals with permissible waivers; and
     (13) 30-9A-625 and 30-9A-626, which deal with the secured party's liability for failure to comply with this chapter.

     History: En. Sec. 99, Ch. 305, L. 1999; Sec. 30-9-602, MCA 1999; redes. 30-9A-602 by Code Commissioner, 2001.