Iowa Code 554.9602 – Waiver and variance of rights and duties
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Terms Used In Iowa Code 554.9602
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- 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 individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
554.9602 Waiver and variance of rights and duties.
Except as otherwise provided in § 554.9624, 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. § 554.9207, subsection 2, paragraph “”d””, subparagraph (3), which deals with use
and operation of the collateral by the secured party;
2. § 554.9210, which deals with requests for an accounting and requests concerning a list of collateral and statement of account;
3. § 554.9607, subsection 3, which deals with collection and enforcement as to collateral;
4. § 554.9608, subsection 1, and § 554.9615, subsection 3, to the extent that they deal with application or payment of noncash proceeds of collection, enforcement, or disposition;
5. § 554.9608, subsection 1, and § 554.9615, subsection 4, to the extent that they require accounting for or payment of surplus proceeds of collateral;
6. § 554.9609 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. § 554.9610, subsection 2, and sections 554.9611, 554.9613, and 554.9614, which deal with disposition of collateral;
8. § 554.9615, subsection 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. § 554.9616, which deals with explanation of the calculation of a surplus or deficiency;
10. sections 554.9620, 554.9621, and 554.9622, which deal with acceptance of collateral in satisfaction of obligation;
11. § 554.9623, which deals with redemption of collateral;
12. § 554.9624, which deals with permissible waivers; and
13. sections 554.9625 and 554.9626, which deal with the secured party’s liability for failure to comply with this Article.
2000 Acts, ch 1149, §100, 187; 2002 Acts, ch 1119, §92
Referred to in §554.9601, 554.9603
Except as otherwise provided in § 554.9624, 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. § 554.9207, subsection 2, paragraph “”d””, subparagraph (3), which deals with use
and operation of the collateral by the secured party;
2. § 554.9210, which deals with requests for an accounting and requests concerning a list of collateral and statement of account;
3. § 554.9607, subsection 3, which deals with collection and enforcement as to collateral;
4. § 554.9608, subsection 1, and § 554.9615, subsection 3, to the extent that they deal with application or payment of noncash proceeds of collection, enforcement, or disposition;
5. § 554.9608, subsection 1, and § 554.9615, subsection 4, to the extent that they require accounting for or payment of surplus proceeds of collateral;
6. § 554.9609 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. § 554.9610, subsection 2, and sections 554.9611, 554.9613, and 554.9614, which deal with disposition of collateral;
8. § 554.9615, subsection 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. § 554.9616, which deals with explanation of the calculation of a surplus or deficiency;
10. sections 554.9620, 554.9621, and 554.9622, which deal with acceptance of collateral in satisfaction of obligation;
11. § 554.9623, which deals with redemption of collateral;
12. § 554.9624, which deals with permissible waivers; and
13. sections 554.9625 and 554.9626, which deal with the secured party’s liability for failure to comply with this Article.
2000 Acts, ch 1149, §100, 187; 2002 Acts, ch 1119, §92
Referred to in §554.9601, 554.9603