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84-9-602. Waiver and variance of rights and duties. Except as otherwise provided in K.S.A. 2024 Supp. 84-9-624, and amendments thereto, 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) K.S.A. 2024 Supp. 84-9-207(b)(4)(C), and amendments thereto, which deals with use and operation of the collateral by the secured party;

(2) K.S.A. 2024 Supp. 84-9-210, and amendments thereto, which deals with requests for an accounting and requests concerning a list of collateral and statement of account;

(3) K.S.A. 2024 Supp. 84-9-607(c), and amendments thereto, which deals with collection and enforcement of collateral;

(4) K.S.A. 2024 Supp. 84-9-608(a) and 84-9-615(c), and amendments thereto, to the extent that they deal with application or payment of noncash proceeds of collection, enforcement, or disposition;

(5) K.S.A. 2024 Supp. 84-9-608(a) and 84-9-615(d), and amendments thereto, to the extent that they require accounting for or payment of surplus proceeds of collateral;

(6) K.S.A. 2024 Supp. 84-9-609, and amendments thereto, 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) K.S.A. 2024 Supp. 84-9-610(b), 84-9-611, 84-9-613 and 84-9-614, and amendments thereto, which deal with disposition of collateral;

(8) K.S.A. 2024 Supp. 84-9-615(f), and amendments thereto, 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) K.S.A. 2024 Supp. 84-9-616, and amendments thereto, which deals with explanation of the calculation of a surplus or deficiency;

(10) K.S.A. 2024 Supp. 84-9-620, 84-9-621 and 84-9-622, and amendments thereto, which deal with acceptance of collateral in satisfaction of obligation;

(11) K.S.A. 2024 Supp. 84-9-623, and amendments thereto, which deals with redemption of collateral;

(12) K.S.A. 2024 Supp. 84-9-624, and amendments thereto, which deals with permissible waivers; and

(13) K.S.A. 2024 Supp. 84-9-625 and 84-9-626, and amendments thereto, which deal with the secured liability for failure to comply with this article.

History: L. 2000, ch. 142, ยง 100; July 1, 2001.

Law Review and Bar Journal References:

"Revised Article 9 in Kansas," Hon. John K. Pearson, 51 K.L.R. 769, 852, 859 (2003).

CASE ANNOTATIONS

1. A debtor or obligor may not waive or vary rules stated in K.S.A. 84-6-620 to the extent that the rules give rights to a debtor or obligor and impose duties on a secured party; accordingly, a debtor or obligor cannot, by contract or otherwise, vary the rule that gives a debtor or obligor the right to preclude the secured party's acceptance of collateral through an authenticated and timely objection. Born v. Born, 304 Kan. 542, 559, 374 P.3d 624 (2016).


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