104.9602 - Waiver and variance of rights and duties of debtor and obligor.

104.9602  Waiver and variance of rights and duties of debtor and obligor.  Except as otherwise provided in NRS 104.9624, 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.  Subparagraph (3) of paragraph (d) of subsection 2 of NRS 104.9207, which deals with use and operation of the collateral by the secured party;

      2.  NRS 104.9210, which deals with requests for an accounting and requests concerning a list of collateral and statement of account;

      3.  Subsection 3 of NRS 104.9607, which deals with collection and enforcement of collateral;

      4.  Subsection 1 of NRS 104.9608 and subsection 3 of NRS 104.9615 to the extent that they deal with application or payment of noncash proceeds of collection, enforcement or disposition;

      5.  Subsection 1 of NRS 104.9608 and subsection 4 of NRS 104.9615 to the extent that they require accounting for or payment of surplus proceeds of collateral;

      6.  NRS 104.9609 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.  Subsection 2 of NRS 104.9610 and NRS 104.9611, 104.9613 and 104.9614, which deal with disposition of collateral;

      8.  Subsection 6 of NRS 104.9615, 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.  NRS 104.9616, which deals with explanation of the calculation of a surplus or deficiency;

      10.  NRS 104.9620, 104.9621 and 104.9622, which deal with acceptance of collateral in satisfaction of obligation;

      11.  NRS 104.9623, which deals with redemption of collateral;

      12.  NRS 104.9624, which deals with permissible waivers; and

      13.  NRS 104.9625 and 104.9626, which deal with the secured party’s liability for failure to comply with this article.

      (Added to NRS by 1999, 346)