Except as otherwise provided in § 490:9-624, 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) Section 490:9-207(b)(4)(C), which deals with use and operation of the collateral by the secured party;

Terms Used In Hawaii Revised Statutes 490:9-602

  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
(2) Section 490:9-210, which deals with requests for an accounting and requests concerning a list of collateral and statement of account;
(3) Section 490:9-607(c), which deals with collection and enforcement of collateral;
(4) Sections 490:9-608(a) and 490:9-615(c) to the extent that they deal with application or payment of noncash proceeds of collection, enforcement, or disposition;
(5) Sections 490:9-608(a) and 490:9-615(d) to the extent that they require accounting for or payment of surplus proceeds of collateral;
(6) Section 490:9-609 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) Sections 490:9-610(b), 490:9-611, 490:9-613, and 490:9-614, which deal with disposition of collateral;
(8) Section 490:9-615(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) Section 490:9-616, which deals with explanation of the calculation of a surplus or deficiency;
(10) Sections obligation; compulsory disposition of collateral” class=”unlinked-ref” datatype=”S” sessionyear=”2019″ statecd=”HI”>490:9-620, 490:9-621, and 490:9-622, which deal with acceptance of collateral in satisfaction of obligation;
(11) Section 490:9-623, which deals with redemption of collateral;
(12) Section 490:9-624, which deals with permissible waivers; and
(13) Sections 490:9-625 and 490:9-626, which deal with the secured party’s liability for failure to comply with this article.

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