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IC 26-1-9.1-602 — Waiver and variance of rights and duties

Chapter 9.1. Secured Transactions

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Section text

Sec. 602. Except as otherwise provided in IC 26-1-9.1-624, 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) IC 26-1-9.1-207(b)(4)(C), which deals with use and operation of the collateral by the secured party. (2) IC 26-1-9.1-210, which deals with requests for an accounting and requests concerning a list of collateral and statement of account. (3) IC 26-1-9.1-607(c), which deals with collection and enforcement of collateral. (4) IC 26-1-9.1-608(a) and IC 26-1-9.1-615(c) to the extent that they deal with application or payment of noncash proceeds of collection, enforcement, or disposition. (5) IC 26-1-9.1-608(a) and IC 26-1-9.1-615(d) to the extent that they require accounting for or payment of surplus proceeds of collateral. (6) IC 26-1-9.1-609 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) IC 26-1-9.1-610(b), IC 26-1-9.1-611, IC 26-1-9.1-613, and IC 26-1-9.1-614, which deal with disposition of collateral. (8) IC 26-1-9.1-615(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) IC 26-1-9.1-616, which deals with explanation of the calculation of a surplus or deficiency. (10) IC 26-1-9.1-620, IC 26-1-9.1-621, and IC 26-1-9.1-622, which deal with acceptance of collateral in satisfaction of obligation. (11) IC 26-1-9.1-623, which deals with redemption of collateral. (12) IC 26-1-9.1-624, which deals with permissible waivers. (13) IC 26-1-9.1-625 and IC 26-1-9.1-626, which deal with the secured party's liability for failure to comply with IC 26-1-9.1.

As added by P.L.57-2000, SEC.45.

Source: official publisher (2026 edition)

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