§ 11-9-602. Waiver and Variance of Rights and Duties

Except as otherwise provided in Code Section 11-9-624, 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. Subparagraph (b)(4)(C) of Code Section 11-9-207, which deals with use and operation of the collateral by the secured party;
2. Code Section 11-9-210, which deals with requests for an accounting and requests concerning a list of collateral and statement of account;
3. Subsection (c) of Code Section 11-9-607, which deals with collection and enforcement of collateral;
4. Subsection (a) of Code Section 11-9-608 and subsection (c) of Code Section 11-9-615 to the extent that they deal with application or payment of noncash proceeds of collection, enforcement, or disposition;
5. Subsection (a) of Code Section 11-9-608 and subsection (d) of Code Section 11-9-615 to the extent that they require accounting for or payment of surplus proceeds of collateral;
6. Code Section 11-9-609 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;
7. Subsection (b) of Code Section 11-9-610 and Code Sections 11-9-611, 11-9-613, and 11-9-614, which deal with disposition of collateral;
8. Subsection (f) of Code Section 11-9-615, 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. Code Section 11-9-616, which deals with explanation of the calculation of a surplus or deficiency;
10. Code Sections 11-9-620, 11-9-621, and 11-9-622, which deal with acceptance of collateral in satisfaction of obligation;
11. Code Section 11-9-623, which deals with redemption of collateral;
12. Code Section 11-9-624, which deals with permissible waivers; and
13. Code Sections 11-9-625 and 11-9-626, which deal with the secured party’s liability for failure to comply with this article.

History. Code 1981, § 11-9-602 , enacted by Ga. L. 2001, p. 362, § 1.