North Dakota Code 41-09-99 – (9-602) Waiver and variance of rights and duties
Except as otherwise provided in section 41-09-119, 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:
Terms Used In North Dakota Code 41-09-99
- Debtor: means a natural person whose name was provided in a financing statement record as an individual debtor or one of the types of persons listed in section 41-09-76. See North Dakota Code 41-10-01
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Process: means a writ or summons issued in the course of judicial proceedings. See North Dakota Code 1-01-49
1. Paragraph 3 of subdivision d of subsection 2 of section 41-09-17, which deals with use and operation of the collateral by the secured party; 2. Section 41-09-20, which deals with requests for an accounting and requests concerning a list of collateral and statement of account; 3. Section 41-09-22, which deals with perfection and priority of agricultural liens; 4. Subsection 3 of section 41-09-104, which deals with collection and enforcement of collateral; 5. Subsection 1 of section 41-09-105 and subsection 3 of section 41-09-111 to the extent that they deal with application or payment of noncash proceeds of collection, enforcement, or disposition; 6. Subsection 1 of section 41-09-105 and subsection 4 of section 41-09-111 to the extent that they require accounting for or payment of surplus proceeds of collateral; 7. Section 41-09-106 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; 8. Subsection 2 of section 41-09-107, section 41-09-108, and section 41-09-110, which deal with disposition of collateral; 9. Subsection 6 of section 41-09-111, 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; 10. Sections 41-09-115 through 41-09-117, which deal with acceptance of collateral in satisfaction of obligation; 11. Section 41-09-118, which deals with redemption of collateral; 12. Section 41-09-119, which deals with permissible waivers; and
13. Sections 41-09-120 and 41-09-121, which deal with the secured party’s liability for failure to comply with this chapter.