Which clause provides protection for the borrower by requiring the lender to acknowledge performance by the borrower?

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The defeasance clause is pivotal in real estate lending as it protects the borrower by ensuring that the lender formally acknowledges when the borrower has fulfilled their obligations under the loan agreement. Essentially, this clause serves to extinguish the lender's security interest once the borrower pays off the debt, thereby providing clarity and assurance that the borrower's performance has been recognized.

This aspect is particularly important in mortgage agreements, where the borrower wants to be confident that they will be freed from the obligations of the mortgage once they have completed all payments. Without such a clause, the lender may retain some level of claim or interest in the property even after the loan is repaid, which would be unfavorable for the borrower.

In contrast, the other terms relate to different aspects of lending. The escalation clause is used in contracts to allow for increases in certain costs, primarily related to lease agreements. The acceleration clause enables the lender to demand full payment of the loan if the borrower defaults, which is more protective of the lender's interests rather than the borrower's. The subordination clause involves priorities in claims against the property, typically affecting the order of payment in the event of liquidation, which is also not protective in terms of borrower rights in acknowledging performance.

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