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Minnesota Legislature

Office of the Revisor of Statutes

336.9-602 WAIVER AND VARIANCE OF RIGHTS AND DUTIES.

Except as otherwise provided in section 336.9-624, 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 336.9-207(b)(4)(C), which deals with use and operation of the collateral by the secured party;

(2) section 336.9-210, which deals with requests for an accounting and requests concerning a list of collateral and statement of account;

(3) section 336.9-607(c), which deals with collection and enforcement of collateral;

(4) sections 336.9-608(a) and 336.9-615(c) to the extent that they deal with application or payment of noncash proceeds of collection, enforcement, or disposition;

(5) sections 336.9-608(a) and 336.9-615(d) to the extent that they require accounting for or payment of surplus proceeds of collateral;

(6) section 336.9-609 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 336.9-610(b), 336.9-611, 336.9-613, and 336.9-614, which deal with disposition of collateral;

(8) section 336.9-615(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 336.9-616, which deals with explanation of the calculation of a surplus or deficiency;

(10) sections 336.9-620, 336.9-621, and 336.9-622, which deal with acceptance of collateral in satisfaction of obligation;

(11) section 336.9-623, which deals with redemption of collateral;

(12) section 336.9-624, which deals with permissible waivers; and

(13) sections 336.9-625 and 336.9-626, which deal with the secured party's liability for failure to comply with this article.