Montana Code Annotated
Part 6. Default
30-9A-602. Waiver and variance of rights and duties

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.

Structure Montana Code Annotated

Montana Code Annotated

Title 30. Trade and Commerce

Chapter 9A. Uniform Commercial Code Secured Transactions

Part 6. Default

30-9A-601. Rights after default -- judicial enforcement -- consignor or buyer of accounts, chattel paper, payment intangibles, or promissory notes

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

30-9A-603. Agreement on standards concerning rights and duties

30-9A-604. Procedure if security agreement covers real property or fixtures

30-9A-605. Unknown debtor or secondary obligor

30-9A-606. Time of default for agricultural lien

30-9A-607. Collection and enforcement by secured party

30-9A-608. Application of proceeds of collection or enforcement -- liability for deficiency and right to surplus

30-9A-609. Secured party's right to take possession after default

30-9A-610. Disposition of collateral after default

30-9A-611. Notification before disposition of collateral

30-9A-612. Timeliness of notification before disposition of collateral

30-9A-613. Contents and form of notification before disposition of collateral -- general

30-9A-614. Contents and form of notification before disposition of collateral -- consumer-goods transaction

30-9A-615. Application of proceeds of disposition -- liability for deficiency and right to surplus

30-9A-616. Explanation of calculation of surplus or deficiency

30-9A-617. Rights of transferee of collateral

30-9A-618. Rights and duties of certain secondary obligors

30-9A-619. Transfer of record or legal title

30-9A-620. Acceptance of collateral in full or partial satisfaction -- compulsory disposition of collateral

30-9A-621. Notification of proposal to accept collateral

30-9A-622. Effect of acceptance of collateral

30-9A-623. Right to redeem collateral

30-9A-624. Waiver

30-9A-625. Remedies for secured party's failure to comply with chapter

30-9A-626. Action in which deficiency or surplus is in issue

30-9A-627. Determination of whether conduct was commercially reasonable

30-9A-628. Nonliability and limitation on liability of secured party -- liability of secondary obligor