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Searching 2023-2024 Session

The Vermont Statutes Online

The Vermont Statutes Online does not include the actions of the 2024 session of the General Assembly. We expect them to be updated by November 1st.

NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.

Title 9A : Uniform Commercial Code

Article 009 : Secured Transactions

(Cite as: 9A V.S.A. § 9-602)
  • § 9—602. Waiver and variance of rights and duties

    Except as otherwise provided in section 9—624 of this title, 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) subdivision 9—207(b)(4)(C) of this title, which deals with use and operation of the collateral by the secured party;

    (2) section 9—210 of this title, which deals with requests for an accounting and requests concerning a list of collateral and statement of account;

    (3) subsection 9—607(c) of this title, which deals with collection and enforcement of collateral;

    (4) subsections 9—608(a) and 9—615(c) of this title to the extent that they deal with application or payment of noncash proceeds of collection, enforcement, or disposition;

    (5) subsections 9—608(a) and 9—615(d) of this title to the extent that they require accounting for or payment of surplus proceeds of collateral;

    (6) section 9—609 of this title 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 9—610(b) of this title, and sections 9—611, 9—613, and 9—614 of this title, which deal with disposition of collateral;

    (8) subsection 9—615(f) of this title, 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 9—616 of this title, which deals with explanation of the calculation of a surplus or deficiency;

    (10) sections 9—620, 9—621, and 9—622 of this title, which deal with acceptance of collateral in satisfaction of obligation;

    (11) section 9—623 of this title, which deals with redemption of collateral;

    (12) section 9—624 of this title, which deals with permissible waivers; and

    (13) sections 9—625 and 9—626 of this title, which deal with the secured party’s liability for failure to comply with this article. (Added 1999, No. 106 (Adj. Sess.), § 2, eff. July 1, 2001.)