Current through 2024 Regular Session legislation effective June 6, 2024
Section 79.0602 - UCC 9-602. Waiver and variance of rights and dutiesExcept 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:
(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.