§ 8.9A-602 Waiver and variance of rights and duties
Except as otherwise provided in § 8.9A-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:
1. § 8.9A-207 (b) (4) (C), which deals with use and operation of the collateral by the secured party;
2. § 8.9A-210, which deals with requests for an accounting and requests concerning a list of collateral and statement of account;
3. § 8.9A-607 (c), which deals with collection and enforcement of collateral;
4. §§ 8.9A-608 (a) and 8.9A-615 (c) to the extent that they deal with application or payment of noncash proceeds of collection, enforcement, or disposition;
5. §§ 8.9A-608 (a) and 8.9A-615 (d) to the extent that they require accounting for or payment of surplus proceeds of collateral;
6. § 8.9A-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;
7. §§ 8.9A-610 (b), 8.9A-611, 8.9A-613, and 8.9A-614, which deal with disposition of collateral;
8. § 8.9A-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;
9. § 8.9A-616, which deals with explanation of the calculation of a surplus or deficiency;
10. §§ 8.9A-620, 8.9A-621, and 8.9A-622, which deal with acceptance of collateral in satisfaction of obligation;
11. § 8.9A-623, which deals with redemption of collateral;
12. § 8.9A-624, which deals with permissible waivers; and
13. §§ 8.9A-625 and 8.9A-626, which deal with the secured party’s liability for failure to comply with this title.
History
This law was first created in 1964. The record of its establishment is cataloged in chapter 219 of that year’s edition of “Acts of Assembly,” the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1964 “Acts” aren’t available online. It has been modified 2 times. Those modifications are cataloged by “The Acts of Assembly,” a state publication, by year and chapter. Those modifications that can be read on the General Assembly’s website will be linked accordingly. Those modifications are as follows: in 1973, chapter 509; in 2000, chapter 1007.
1964, c. 219, § 8.9-501; 1973, c. 509; 2000, c. 1007.