LD 2245
pg. 372
Page 371 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 373 of 493
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LR 1087
Item 1

 
(7) Section 9-1610, subsection (2) and sections 9-1611, 9-1613
and 9-1614, which deal with disposition of collateral;

 
(8) Section 9-1615, subsection (6), 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 9-1616, which deals with explanation of the
calculation of a surplus or deficiency;

 
(10) Sections 9-1620, 9-1621 and 9-1622, which deal with
acceptance of collateral in satisfaction of obligation;

 
(11) Section 9-1623, which deals with redemption of
collateral;

 
(12) Section 9-1624, which deals with permissible waivers; and

 
(13) Sections 9-1625 and 9-1626, which deal with the secured
party's liability for failure to comply with this article.

 
Official Comment

 
1. Source. Former Section 9-501(3).

 
2. Waiver: In General. Section 1-102(3) addresses which
provisions of the UCC are mandatory and which may be varied by
agreement. With exceptions relating to good faith, diligence,
reasonableness, and care, immediate parties, as between
themselves, may vary its provisions by agreement. However, in
the context of rights and duties after default, our legal system
traditionally has looked with suspicion on agreements that limit
the debtor's rights and free the secured party of its duties. As
stated in former Section 9-501, Comment 4, "no mortgage clause
has ever been allowed to clog the equity of redemption." The
context of default offers great opportunity for overreaching.
The suspicious attitudes of the courts have been grounded in
common sense. This section, like former Section 9-501(3),
codifies this longstanding and deeply rooted attitude. The
specified rights of the debtor and duties of the secured party
may not be waived or varied except as stated. Provisions that
are not specified in this section are subject to the general
rules in Section 1-102(3).

 
3. Nonwaivable Rights and Duties. This section revises
former Section 9-501(3) by restricting the ability to waive or
modify additional specified rights and duties: (i) duties under


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