28-9-602. WAIVER AND VARIANCE OF RIGHTS AND DUTIES. Except as otherwise provided in section 28-9-624, 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 28-9-207(b)(4)(C), which deals with use and operation of the collateral by the secured party;
(2) Section 28-9-210, which deals with requests for an accounting and requests concerning a list of collateral and statement of account;
(3) Section 28-9-607(c), which deals with collection and enforcement of collateral;
(4) Sections 28-9-608(a) and 28-9-615(c) to the extent that they deal with application or payment of noncash proceeds of collection, enforcement, or disposition;
(5) Sections 28-9-608(a) and 28-9-615(d) to the extent that they require accounting for or payment of surplus proceeds of collateral;
(6) Section 28-9-609 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 28-9-610(b), 28-9-611, 28-9-613 and 28-9-614, which deal with disposition of collateral;
(8) Section 28-9-615(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 28-9-616, which deals with explanation of the calculation of a surplus or deficiency;
(10) Sections 28-9-620, 28-9-621 and 28-9-622, which deal with acceptance of collateral in satisfaction of obligation;
(11) Section 28-9-623, which deals with redemption of collateral;
(12) Section 28-9-624, which deals with permissible waivers; and
(13) Sections 28-9-625 and 28-9-626, which deal with the secured party’s liability for failure to comply with this chapter.
History:
[28-9-602, added 2001, ch. 208, sec. 2, p. 780.]
Structure Idaho Code
Title 28 - COMMERCIAL TRANSACTIONS
Chapter 9 - SECURED TRANSACTIONS
Section 28-9-602 - WAIVER AND VARIANCE OF RIGHTS AND DUTIES.
Section 28-9-603 - AGREEMENT ON STANDARDS CONCERNING RIGHTS AND DUTIES.
Section 28-9-604 - PROCEDURE IF SECURITY AGREEMENT COVERS REAL PROPERTY OR FIXTURES.
Section 28-9-605 - UNKNOWN DEBTOR OR SECONDARY OBLIGOR.
Section 28-9-606 - TIME OF DEFAULT FOR AGRICULTURAL LIEN.
Section 28-9-607 - COLLECTION AND ENFORCEMENT BY SECURED PARTY.
Section 28-9-609 - SECURED PARTY’S RIGHT TO TAKE POSSESSION AFTER DEFAULT.
Section 28-9-610 - DISPOSITION OF COLLATERAL AFTER DEFAULT.
Section 28-9-611 - NOTIFICATION BEFORE DISPOSITION OF COLLATERAL.
Section 28-9-612 - TIMELINESS OF NOTIFICATION BEFORE DISPOSITION OF COLLATERAL.
Section 28-9-613 - CONTENTS AND FORM OF NOTIFICATION BEFORE DISPOSITION OF COLLATERAL — GENERAL.
Section 28-9-616 - EXPLANATION OF CALCULATION OF SURPLUS OR DEFICIENCY.
Section 28-9-617 - RIGHTS OF TRANSFEREE OF COLLATERAL.
Section 28-9-618 - RIGHTS AND DUTIES OF CERTAIN SECONDARY OBLIGORS.
Section 28-9-619 - TRANSFER OF RECORD OR LEGAL TITLE.
Section 28-9-621 - NOTIFICATION OF PROPOSAL TO ACCEPT COLLATERAL.
Section 28-9-622 - EFFECT OF ACCEPTANCE OF COLLATERAL.
Section 28-9-623 - RIGHT TO REDEEM COLLATERAL.
Section 28-9-625 - REMEDIES FOR SECURED PARTY’S FAILURE TO COMPLY WITH CHAPTER.
Section 28-9-626 - ACTION IN WHICH DEFICIENCY OR SURPLUS IS IN ISSUE.
Section 28-9-627 - DETERMINATION OF WHETHER CONDUCT WAS COMMERCIALLY REASONABLE.