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See also UCC 1-208. A clause in a mortgage, lease, or a contract with multiple payments that causes the entire obligation to become due and payable immediately upon default. The default is usually the failure to make an installment payment or to maintain insurance. In a breach, this alleviates the need for the aggrieved party to sue as each payment becomes due. The whole debt secured will become due and payable upon the failure of the maker to pay the interest annually or to comply with any other condition of the contract.


Acceleration clauses are designed to protect the creditor from actions by the debtor which jeopardize or impair the creditor's security. They are not to be used offensively, e. g., for the commercial advantage of the creditor. Acceleration is a harsh remedy with draconian consequences for the debtor. Acceleration is a matter of equity and the courts, including those of Texas, have historically been careful to evaluate the fairness of acceleration in the particular facts of a case. As the Texas Court of Civil Appeals stated in Parker v. Mazur, 13 S.W.2d 174, 175 (Tex.Civ.App.1928), courts of equity 'will scan very closely the enforcement of so ...

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