K.S.A. » Chapter 84
Kansas Statutes Annotated

K.S.A. § 84-9-602 (2026)

Waiver and variance of rights and duties

✓ current as of May 2026
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84-9-602. Waiver and variance of rights and duties. Except as otherwise provided in K.S.A. 2025 Supp. 84-9-624, and amendments thereto, 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) K.S.A. 2025 Supp. 84-9-207(b)(4)(C), and amendments thereto, which deals with use and operation of the collateral by the secured party;

(2) K.S.A. 2025 Supp. 84-9-210, and amendments thereto, which deals with requests for an accounting and requests concerning a list of collateral and statement of account;

(3) K.S.A. 2025 Supp. 84-9-607(c), and amendments thereto, which deals with collection and enforcement of collateral;

(4) K.S.A. 2025 Supp. 84-9-608(a) and 84-9-615(c), and amendments thereto, to the extent that they deal with application or payment of noncash proceeds of collection, enforcement, or disposition;

(5) K.S.A. 2025 Supp. 84-9-608(a) and 84-9-615(d), and amendments thereto, to the extent that they require accounting for or payment of surplus proceeds of collateral;

(6) K.S.A. 2025 Supp. 84-9-609, and amendments thereto, 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) K.S.A. 2025 Supp. 84-9-610(b), 84-9-611, 84-9-613 and 84-9-614, and amendments thereto, which deal with disposition of collateral;

(8) K.S.A. 2025 Supp. 84-9-615(f), and amendments thereto, 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) K.S.A. 2025 Supp. 84-9-616, and amendments thereto, which deals with explanation of the calculation of a surplus or deficiency;

(10) K.S.A. 2025 Supp. 84-9-620, 84-9-621 and 84-9-622, and amendments thereto, which deal with acceptance of collateral in satisfaction of obligation;

(11) K.S.A. 2025 Supp. 84-9-623, and amendments thereto, which deals with redemption of collateral;

(12) K.S.A. 2025 Supp. 84-9-624, and amendments thereto, which deals with permissible waivers; and

(13) K.S.A. 2025 Supp. 84-9-625 and 84-9-626, and amendments thereto, which deal with the secured liability for failure to comply with this article.

History: L. 2000, ch. 142, § 100; July 1, 2001.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2009–2021 · leading case: Born v. Born, 374 P.3d 624 (Kan. 2016).
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Born v. Born, 374 P.3d 624 (Kan. 2016). · cites it 9× “84-9-601(a) indicates that the statutory remedies on default are in addition to “those [remedies] provided by agreement of the parties,” so long as the agreement does not contravene the nonwaiver provisions of K.S.A. 2013 Supp. 84-9-602. Nevertheless, the Court of Appeals…”
Kuhn v. Wagnon (In Re Kuhn), 408 B.R. 528 (Bankr. D. Kan. 2009). “After default, a secured party has the rights provided in this part and, except as otherwise provided in K.S.A. 84-9-602 and amendments thereto, those provided by agreement of the parties.”
McLinn v. Thomas Cnty. Sheriff's Dep't (D. Kan. 2021). “” K.S.A. 84-9-602(6). Moreover, even assuming the loan agreement included some form of consent, any such consent was revoked by McLinn when he demanded that Ryburn leave the F350 and get off the property.”
— K.S.A. § 84-9-602(10) — 1 case
Born v. Born, 374 P.3d 624 (Kan. 2016). “84-9-601(a) indicates that the statutory remedies on default are in addition to “those [remedies] provided by agreement of the parties,” so long as the agreement does not contravene the nonwaiver provisions of K.S.A. 2013 Supp. 84-9-602. Nevertheless, the Court of Appeals…”
— K.S.A. § 84-9-602(6) — 1 case
McLinn v. Thomas Cnty. Sheriff's Dep't (D. Kan. 2021). “” K.S.A. 84-9-602(6). Moreover, even assuming the loan agreement included some form of consent, any such consent was revoked by McLinn when he demanded that Ryburn leave the F350 and get off the property.”
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