(9-602) Waiver and variance of rights and duties
N.D. Cent. Code § 41-09-99
in effect41-09-99. (9-602) Waiver and variance of rights and duties
Except as otherwise provided in section 41-09-119, 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. Paragraph 3 of subdivision d of subsection 2 of section 41-09-17, which deals with use
and operation of the collateral by the secured party;
2. Section 41-09-20, which deals with requests for an accounting and requests
concerning a list of collateral and statement of account;
3. Section 41-09-22, which deals with perfection and priority of agricultural liens;
4. Subsection 3 of section 41-09-104, which deals with collection and enforcement of
collateral;
5. Subsection 1 of section 41-09-105 and subsection 3 of section 41-09-111 to the extent
that they deal with application or payment of noncash proceeds of collection,
enforcement, or disposition;
6. Subsection 1 of section 41-09-105 and subsection 4 of section 41-09-111 to the extent
that they require accounting for or payment of surplus proceeds of collateral;
7. Section 41-09-106 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;
8. Subsection 2 of section 41-09-107, section 41-09-108, and section 41-09-110, which
deal with disposition of collateral;
9. Subsection 6 of section 41-09-111, 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;
10. Sections 41-09-115 through 41-09-117, which deal with acceptance of collateral in
satisfaction of obligation;
11. Section 41-09-118, which deals with redemption of collateral;
12. Section 41-09-119, which deals with permissible waivers; and
13. Sections 41-09-120 and 41-09-121, which deal with the secured party's liability for
failure to comply with this chapter.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t41c09.pdf#nameddest=41-09-99Fetched: 10/16/2026