Acceleration Clause In Commercial Lease

State:
Multi-State
Control #:
US-01392BG
Format:
Word; 
Rich Text
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Description

The acceleration clause in a commercial lease is a crucial provision that enables the lender to demand full repayment of the outstanding balance upon default by the borrower. This clause is essential for ensuring that the lender can protect their investment by accelerating the loan terms if the borrower fails to meet payment obligations. Users will fill in key details such as the amount of the note, the names of the maker and payee, and specific payment terms within the form. The provision also outlines penalties for late payments and the potential for additional collection fees if the note is sent to an attorney for collection. Important instructions for editing involve accurately entering the interest rate, payment schedule, and any applicable fees to maintain clarity and enforceability. This form is particularly useful for attorneys, partners, and owners as it provides a structured approach to securing loans with definite legal consequences, making it a critical tool in commercial financing. Paralegals and legal assistants will benefit from using this form to ensure all necessary details are correctly captured and to aid in the preparation of legally binding documents.
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  • Preview Installment Promissory Note with Acceleration Clause and Collection Fees
  • Preview Installment Promissory Note with Acceleration Clause and Collection Fees

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FAQ

For example, assume a borrower with a five year mortgage loan fails to make a payment in the third year. The terms of the loan include an acceleration clause which states the borrower must repay the remaining balance if one payment is missed.

In the event of default in the payment of any of the said installments or said interest, when due as herein provided, time being of the essence hereof, the holder of this note may, without notice or demand, declare the entire principal sum then unpaid immediately due and payable.

Rent Acceleration in TexasThis type of provision is unenforceable. In Texas, landlords are responsible for mitigating damages and exposure to leases with tenants. This means that if a tenant terminates the lease early, the landlord must take reasonable steps to re-lease the subject property.

What is an Acceleration of Rent Provision? An acceleration of rent provision gives the landlord the right, after a default by the tenant, to demand the entire balance of the unpaid rent owed under the lease for the entire remainder of the term to be paid in one lump sum.

For example, assume a borrower with a five year mortgage loan fails to make a payment in the third year. The terms of the loan include an acceleration clause which states the borrower must repay the remaining balance if one payment is missed.

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Acceleration Clause In Commercial Lease