Oregon Statutes 79.0602 – UCC 9-602. Waiver and variance of rights and duties
Except as otherwise provided in ORS § 79.0624, 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 Oregon Statutes 79.0602
- Collateral: means the property subject to a security interest or agricultural lien. See Oregon Statutes 79.0102
- Noncash proceeds: means proceeds other than cash proceeds. See Oregon Statutes 79.0102
- 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.
- Obligor: means a person that, with respect to an obligation secured by a security interest in or an agricultural lien on the collateral:
(i) Owes payment or other performance of the obligation;
(ii) Has provided property other than the collateral to secure payment or other performance of the obligation; or
(iii) Is otherwise accountable in whole or in part for payment or other performance of the obligation. See Oregon Statutes 79.0102
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Secondary obligor: means an obligor to the extent that:
(A) The obligor's obligation is secondary; or
(B) The obligor has a right of recourse with respect to an obligation secured by collateral against the debtor, another obligor, or property of either. See Oregon Statutes 79.0102
(1) ORS § 79.0207 (2)(d)(C), which deals with use and operation of the collateral by the secured party;
(2) ORS § 79.0210, which deals with requests for an accounting and requests concerning a list of collateral and statement of account;
(3) ORS § 79.0607 (3), which deals with collection and enforcement of collateral;
(4) ORS § 79.0608 (1) and 79.0615 (3) to the extent that they deal with application or payment of noncash proceeds of collection, enforcement or disposition;
(5) ORS § 79.0608 (1) and 79.0615 (4) to the extent that they require accounting for or payment of surplus proceeds of collateral;
(6) ORS § 79.0609 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) ORS § 79.0610 (2), 79.0611, 79.0613 and 79.0614, which deal with disposition of collateral;
(8) ORS § 79.0615 (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) ORS § 79.0616, which deals with explanation of the calculation of a surplus or deficiency;
(10) ORS § 79.0620, 79.0621 and 79.0622, which deal with acceptance of collateral in satisfaction of obligation;
(11) ORS § 79.0623, which deals with redemption of collateral;
(12) ORS § 79.0624, which deals with permissible waivers; and
(13) ORS § 79.0625 and 79.0626, which deal with the secured party’s liability for failure to comply with this chapter. [2001 c.445 § 100]