§ 57A-9-602 Waiver or variance of rules by debtor or obligor.

SD Codified L § 57A-9-602 (2019) (N/A)
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57A-9-602. Waiver or variance of rules by debtor or obligor. Except as otherwise provided in § 57A-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) Section 57A-9-207(b)(4)(C), which deals with use and operation of the collateral by the secured party;

(2) Section 57A-9-210, which deals with requests for an accounting and requests concerning a list of collateral and statement of account;

(3) Section 57A-9-607(c), which deals with collection and enforcement of collateral;

(4) Sections 57A-9-608(a) and 57A-9-615(c) to the extent that they deal with application or payment of noncash proceeds of collection, enforcement, or disposition;

(5) Sections 57A-9-608(a) and 57A-9-615(d) to the extent that they require accounting for or payment of surplus proceeds of collateral;

(6) Section 57A-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) Sections 57A-9-610(b), 57A-9-611, 57A-9-613, and 57A-9-614, which deal with disposition of collateral;

(8) Section 57A-9-615(f), 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 57A-9-616, which deals with explanation of the calculation of a surplus or deficiency;

(10) Sections 57A-9-620, 57A-9-621, and 57A-9-622, which deal with acceptance of collateral in satisfaction of obligation;

(11) Section 57A-9-623, which deals with redemption of collateral;

(12) Section 57A-9-624, which deals with permissible waivers; and

(13) Sections 57A-9-625 and 57A-9-626, which deal with the secured party's liability for failure to comply with this chapter.Source: SL 2000, ch 231.