Florida Statutes 679.602 – Waiver and variance of rights and duties
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Terms Used In Florida Statutes 679.602
- 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: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
Except as otherwise provided in s. 679.624, 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 679.2071(2)(d)3., which deals with use and operation of the collateral by the secured party;
(2) Section 679.210, which deals with requests for an accounting and requests concerning a list of collateral and statement of account;
(3) Section 679.607(3), which deals with collection and enforcement of collateral;
(4) Sections 679.608(1) and 679.615(3) to the extent that they deal with application or payment of noncash proceeds of collection, enforcement, or disposition;
(5) Sections 679.608(1) and 679.615(4) to the extent that they require accounting for or payment of surplus proceeds of collateral;
(6) Section 679.609 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;
(8) Section 679.615(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) Section 679.616, which deals with explanation of the calculation of a surplus or deficiency;
(10) Sections 679.620, 679.621, and 679.622, which deal with acceptance of collateral in satisfaction of obligation;
(11) Section 679.623, which deals with redemption of collateral;
(12) Section 679.624, which deals with permissible waivers; and