| | | 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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