Ky. Rev. Stat. » Chapter 355
Kentucky Revised Statutes

Ky. Rev. Stat. § 355.9-602 (2026)

Waiver and variance of rights and duties

✓ current as of May 2026
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Except as otherwise provided in KRS 355.9-624, 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) KRS 355.9-207(2)(d)3., which deals with use and operation of the collateral by the secured party;

(2) KRS 355.9-210, which deals with requests for an accounting and requests concerning a list of collateral and statement of account;

(3) KRS 355.9-607(3), which deals with collection and enforcement of collateral;

(4) KRS 355.9-608(1) and 355.9-615(3) to the extent that they deal with application or payment of noncash proceeds of collection, enforcement, or disposition;

(5) KRS 355.9-608(1) and 355.9-615(4) to the extent that they require accounting for or payment of surplus proceeds of collateral;

(6) KRS 355.9-609 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) KRS 355.9-610(2), 355.9-611, 355.9-613, and 355.9-614, which deal with disposition of collateral;

(8) KRS 355.9-615(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) KRS 355.9-616, which deals with explanation of the calculation of a surplus or deficiency;

(10) KRS 355.9-620, 355.9-621, and 355.9-622, which deal with acceptance of collateral in satisfaction of obligation;

(11) KRS 355.9-623, which deals with redemption of collateral;

(12) KRS 355.9-624, which deals with permissible waivers; and

(13) KRS 355.9-625 and 355.9-626, which deal with the secured party's liability for failure to comply with this article. Effective: July 1, 2001 History: Created 2000 Ky. Acts ch. 408, sec. 120, effective July 1, 2001.

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2024–2024 · leading case: Am. Coal Terminal, Inc. v. Midcap Funding Xvii Trust (Ky. Ct. App. 2024).
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Am. Coal Terminal, Inc. v. Midcap Funding Xvii Trust (Ky. Ct. App. 2024). · cites it 2× “9-626 provides remedies if commercial reasonableness was not used, and this provision also may not be waived pursuant to KRS 355.9-602(13). Second, MidCap argues SNR was granted an adequate opportunity to conduct discovery.”
— Ky. Rev. Stat. § 355.9-602(13) — 1 case
Am. Coal Terminal, Inc. v. Midcap Funding Xvii Trust (Ky. Ct. App. 2024). “9-626 provides remedies if commercial reasonableness was not used, and this provision also may not be waived pursuant to KRS 355.9-602(13). Second, MidCap argues SNR was granted an adequate opportunity to conduct discovery.”
— Ky. Rev. Stat. § 355.9-602(7) — 1 case
Am. Coal Terminal, Inc. v. Midcap Funding Xvii Trust (Ky. Ct. App. 2024). “9-626 provides remedies if commercial reasonableness was not used, and this provision also may not be waived pursuant to KRS 355.9-602(13). Second, MidCap argues SNR was granted an adequate opportunity to conduct discovery.”
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