| Section 9-610 [Maine cite section 9-1610] on the right of a | secured party to purchase collateral do not apply. |
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| | 9. Sales of Receivables; Consignments. Subsection (g) [Maine | cite subsection (7)] provides that, except as provided in Section | 9-607(c) [Maine cite section 9-1607, subsection (3)], the duties | imposed on secured parties do not apply to buyers of accounts, | chattel paper, payment intangibles, or promissory notes. | Although denominated "secured parties," these buyers own the | entire interest in the property sold and so may enforce their | rights without regard to the seller ("debtor") or the seller's | creditors. Likewise, a true consignor may enforce its ownership | interest under other law without regard to the duties that this | Part imposes on secured parties. Note, however, that Section 9- | 615 [Maine cite section 9-1615] governs cases in which a | consignee's secured party (other than a consignor) is enforcing a | security interest that is senior to the security interest (i.e., | ownership interest) of a true consignor. |
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| §9-1602.__Waiver and variance of rights and duties |
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| | Except as otherwise provided in section 9-1624, 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: |
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| | (1) Section 9-1207, subsection (2), paragraph (d), | subparagraph (iii), which deals with use and operation of the | collateral by the secured party; |
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| | (2) Section 9-1210, which deals with requests for an | accounting and requests concerning a list of collateral and | statement of account; |
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| | (3) Section 9-1607, subsection (3), which deals with | collection and enforcement of collateral; |
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| | (4) Section 9-1608, subsection (1) and section 9-1615, | subsection (3) to the extent that they deal with application or | payment of noncash proceeds of collection, enforcement or | disposition; |
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| | (5) Section 9-1608, subsection (1) and section 9-1615, | subsection (4) to the extent that they require accounting for or | payment of surplus proceeds of collateral; |
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| | (6) Section 9-1609 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; |
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