Sec. 9.602. WAIVER AND VARIANCE OF RIGHTS AND DUTIES. Except as otherwise provided in Section 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 9.207(b)(4)(C), which deals with use and operation of the collateral by the secured party;
(2) Section 9.210, which deals with requests for an accounting and requests concerning a list of collateral and statement of account;
(3) Section 9.607(c), which deals with collection and enforcement of collateral;
(4) Sections 9.608(a) and 9.615(c) to the extent that they deal with application or payment of noncash proceeds of collection, enforcement, or disposition;
(5) Sections 9.608(a) and 9.615(d) to the extent that they require accounting for or payment of surplus proceeds of collateral;
(6) Section 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 9.610(b), 9.611, 9.613, and 9.614, which deal with disposition of collateral;
(8) Section 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 9.616, which deals with explanation of the calculation of a surplus or deficiency;
(10) Sections 9.620, 9.621, and 9.622, which deal with acceptance of collateral in satisfaction of obligation;
(11) Section 9.623, which deals with redemption of collateral;
(12) Section 9.624, which deals with permissible waivers; and
(13) Sections 9.625 and 9.626, which deal with the secured party's liability for failure to comply with this chapter.
Added by Acts 1999, 76th Leg., ch. 414, Sec. 1.01, eff. July 1, 2001.
Structure Texas Statutes
Title 1 - Uniform Commercial Code
Chapter 9 - Secured Transactions
Section 9.602. Waiver and Variance of Rights and Duties
Section 9.603. Agreement on Standards Concerning Rights and Duties
Section 9.604. Procedure if Security Agreement Covers Real Property or Fixtures
Section 9.605. Unknown Debtor or Secondary Obligor
Section 9.606. Time of Default for Agricultural Lien
Section 9.607. Collection and Enforcement by Secured Party
Section 9.609. Secured Party's Right to Take Possession After Default
Section 9.610. Disposition of Collateral After Default
Section 9.611. Notification Before Disposition of Collateral
Section 9.612. Timeliness of Notification Before Disposition of Collateral
Section 9.613. Contents and Form of Notification Before Disposition of Collateral: General
Section 9.615. Application of Proceeds of Disposition; Liability for Deficiency and Right to Surplus
Section 9.616. Explanation of Calculation of Surplus or Deficiency
Section 9.617. Rights of Transferee of Collateral
Section 9.618. Rights and Duties of Certain Secondary Obligors
Section 9.619. Transfer of Record or Legal Title
Section 9.621. Notification of Proposal to Accept Collateral
Section 9.622. Effect of Acceptance of Collateral
Section 9.623. Right to Redeem Collateral
Section 9.625. Remedies for Secured Party's Failure to Comply With Chapter
Section 9.626. Action in Which Deficiency or Surplus Is in Issue
Section 9.627. Determination of Whether Conduct Was Commercially Reasonable