Okla. Stat. tit. 12A § 1-9-602
Except as otherwise provided in Section 1-9-624 of this title, 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:
Okla. Stat. tit. 12A, § 1-9-602
Oklahoma Code Comment
New section 9-602 is drawn from former section 9-501(3) . This section makes it clear that certain matters may not be waived by an agreement between the secured party and the debtor or between the secured party and an obligor. Revised Article 9 explicitly gives guarantors all the same rights as borrowers with respect to the enforcement of security interests, and it prohibits waivers by guarantors that the borrower would also not be allowed to give. This section invalidates such waivers of defenses to enforcement of security interests if contained in a guaranty agreement. This revision clarifies that both debtors and obligors are precluded from such waivers, thus making clear the elimination of an ability to waive by agreement common defenses, such as suretyship and subrogation defenses like impairment of collateral. But this is subject to section 9-624, permitting some waivers of rights otherwise provided at sections 9-611, 9-620, and 9-623 .
In addition to former Article 9's restrictions on waiver, which are carried forward in new section 9-602(5), (7), (10), (11) and (13), new section 9-602 precludes waiver of those new rules governing secured party use and operation of consumer goods collateral (new section 9-207(b)(4)(C) ), as well as preventing waiver of the duties associated with the new section 9-210 "requests for an accounting" ( section 9-210(2)), "requests regarding a list of collateral" ( section 9-210(3)) and "requests regarding a statement of account" ( section 9-210(4)). Also not capable of being waived are provisions dealing with the application of noncash proceeds and those addressing the calculation of deficiency or surplus under new sections section 9-615(f) and section 9-616 . Neither can the parties by agreement change the list of permissible waivers. For a listing of the limited, permissible waiver exceptions to section 9-602, see new section 9-624 . New Part 6 of revised Article 9 adds to the list of non-waivable rights and duties, creating additional non-waivable rights in favor of debtors and obligors, while imposing more non-waivable duties on the secured party. It does appear, however, that parties will remain free to agree to settle claims for prior conduct that may have violated specific rights or duties, even if that settlement agreement includes language that could be construed as a prohibited waiver. (See section 9-602 Official Comment 3.)
New section 9-602(6) is drawn from part of former section 9-503 , expressing the secured party's obligation to not breach the peace when taking possession of collateral without judicial process.