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(1) Where the performance of an act or acts secured by the mortgage is illegal, or derives from a contract which is illegal, the mortgage shall to that extent not be enforceable, so however that a court may order the return of title documents or the removal of any clog on the title to the mortgaged property.

(2) Where the performance of an act or acts secured by the mortgage derives from a contract which is void or voidable at the mortgagor's option, the mortgage shall to that extent not be enforceable, so however that a court may order restitution as a condition to the return of title documents or the removal of any clog on the title to the mortgaged property.