Kathleen borrowed money from Nicole and gave a piece of land as security by way of mortgage. It was expressly agreed between the parties in the mortgage contract that upon non-payment of the debt on...

Kathleen borrowed money from Nicole and gave a piece of land as security by way of mortgage. It was expressly agreed between the parties in the mortgage contract that upon non-payment of the debt on time by Kathleen, the mortgaged land would already belong to Nicole. If Kathleen defaulted in paying, would Nicole now become the owner of the mortgaged land? Why?

Answer with legal basis

1. Suppose in the preceding question, the agreement between Kathleen and Nicole was that if Kathleen failed to pay the mortgage debt on time, the debt shall be paid with the land mortgaged by Katleen to Nicole. Would your answer be the same as in the preceding question? Explain.