Tennessee § 47-9-602 - Waiver and variance of rights and duties.

§ 47-9-602. Waiver and variance of rights and duties.

Except as otherwise provided in § 47-9-624 , 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: Section 47-9-207(b)(4)(C), which deals with use and operation of the collateral by the secured party; Section 47-9-210, which deals with requests for an accounting and requests concerning a list of collateral and statement of account; Section 47-9-607(c), which deals with collection and enforcement of collateral; Sections 47-9-608(a) and 47-9-615(c) to the extent that they deal with application or payment of noncash proceeds of collection, enforcement, or disposition; Sections 47-9-608(a) and 47-9-615(d) to the extent that they require accounting for or payment of surplus proceeds of collateral; Section 47-9-609 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; Sections 47-9-610(b), 47-9-611, 47-9-613, and 47-9-614, which deal with disposition of collateral; Section 47-9-615(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; Section 47-9-616, which deals with explanation of the calculation of a surplus or deficiency; Sections 47-9-620, 47-9-621, and 47-9-622, which deal with acceptance of collateral in satisfaction of obligation; Section 47-9-623, which deals with redemption of collateral; Section 47-9-624, which deals with permissible waivers; and Sections 47-9-625 and 47-9-626, which deal with the secured party's liability for failure to comply with this chapter. Acts 2000, ch. 846, § 1. Compiler's Notes. Former part 6, §§ 47-9-601 — 47-9-607 (Acts 1985, ch. 404, §§ 36-42), concerning transition provisions, was repealed and replaced in the revision of chapter 9 of the Uniform Commercial Code by Acts 2000, ch. 846, § 1, effective July 1, 2001. Cited: Pamperin v. Streamline Mfg., 276 S.W.3d 428, 2008 Tenn. App. LEXIS 154 (Tenn. Ct. App. Mar. 17, 2008).