409.602 Waiver and variance of rights and duties. - Wisconsin Statutes

409.602

409.602 Waiver and variance of rights and duties. Except as otherwise provided in s. 409.624, 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:

409.602(1)

(1) Section 409.207 (2) (d) 3., which deals with use and operation of the collateral by the secured party;

409.602(2)

(2) Section 409.210, which deals with requests for an accounting and requests concerning a list of collateral and statement of account;

409.602(3)

(3) Section 409.607 (3), which deals with collection and enforcement of collateral;

409.602(4)

(4) Sections 409.608 (1) and 409.615 (3) to the extent that they deal with application or payment of noncash proceeds of collection, enforcement, or disposition;

409.602(5)

(5) Sections 409.608 (1) and 409.615 (4) to the extent that they require accounting for or payment of surplus proceeds of collateral;

409.602(6)

(6) Section 409.609 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;

409.602(7)

(7) Sections 409.610 (2), 409.611, 409.613, and 409.614, which deal with disposition of collateral;

409.602(8)

(8) Section 409.615 (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;

409.602(9)

(9) Section 409.616, which deals with explanation of the calculation of a surplus or deficiency;

409.602(10)

(10) Sections 409.620, 409.621, and 409.622, which deal with acceptance of collateral in satisfaction of obligation;

409.602(11)

(11) Section 409.623, which deals with redemption of collateral;

409.602(12)

(12) Section 409.624, which deals with permissible waivers; and

409.602(13)

(13) Sections 409.625 and 409.626, which deal with the secured party's liability for failure to comply with this chapter.

409.602 - ANNOT.

History: 2001 a. 10.

409.602 - ANNOT.

The plain language of s. 401.102 (3) states, first, an exception that parties may vary the effect of U.C.C. provisions by agreement and, second, an exception to the 1st exception that chs. 401 to 411 include provisions that certain rights may not be waived by contract. The subsections in this section are an exception to the exception defined in a. 401.102 (3), so the parties must abide by them. Kraenzler v. Brace, 2009 WI App 131, ___ Wis. 2d ___, 773 N.W.2d 481, 08-1709.