TRUSTEE’S SALE OF VALUABLE REAL ESTATE
The undersigned Substitute Trustee, by virtue of the authority vested in him by that certain Deed of Trust, dated April 2, 2010, and duly recorded in the Office of the Clerk of the County Commission of Jefferson County, West Virginia, in Document No. 2010007303, in Book No. 1801, at Page 557, and modified by Corrective Affidavit recorded on August 1, 2025, in Book 2625, at Page 580, Garrett M Shank, Jr and Karyn Shank did convey unto Mr. Robert L. Schuman c/o First AM Title Ins Co., Trustee(s), certain real property described in said Deed of Trust; and the beneficiary has elected to appoint Seneca Trustees, Inc., as Substitute Trustee; and default having been made under the aforementioned Deed of Trust, and the undersigned Substitute Trustee having been instructed by GITSIT Solutions, LLC, not in its individual capacity but solely in its capacity as Separate Trustee of GITSIT Mortgage Loan Trust BBPLC1 to foreclose thereunder, will offer for sale at public auction at the front door of the Jefferson County Courthouse in Charles Town, West Virginia, on
September 30, 2025 at 1:00 PM
the following described real estate, together with its improvements, easements and appurtenances thereunto belonging, situate in 02 – Charles Town Dist District, Jefferson County, West Virginia, and more particularly described as follows:
BEING all of Lots 33, 34 and 35, Section 1H, as the same is designated on the plat of the Subdivision thereof made for Shannondale, Inc. by Charles M. Johnson, dated January, 1957, and recorded in the Office of the Clerk of the County Court of Jefferson County, West Virginia, in Deed Book 216 at page 43, to which said plat reference is hereby made for a further description of the property hereby conveyed.
A.P.N. 23D-118
AND BEING the same real estate that was conveyed unto Garrett M. Shank, Jr, by Shirley J. Shank, dated June 25, 2004, and recorded in the aforesaid Clerk’s Office in Deed Book 991, at Page 402.
THIS CONVEYANCE IS MADE SUBJECT, HOWEVER, to all those reservations,
restrictions, easements and other matters as more particularly set forth in the
aforesaid deeds.
It is covenanted and agreed between the parties hereto as follow, to-wit:
1.No structure of any kind, or construction of any sort shall be placed or constructed upon this property unless and until plans and descriptions of same shall have been submitted to and approved in writing by the Architectural Committee appointed by the Club Management.
2. Except with the written consent of the Architectural Committee, no structure, tent, trailer or other living quarters, temporary or permanent shall be placed upon any part of the property
3. Buildings may be of a contemporary, period, or modern design, and may
be constructed of wood, logs, stone, brick or composition, but must be finished
or painted in such a manner as not to detract from, or mar, the natural beauty
of the surroundings.
4. No outhouse shall be permitted on any party of the property. All toilet facilities must he within the main dwelling.
5. No structure may be placed nearer than ten feet from any front or side line,
or nearer than five feet from any rear line of the lot.
6. No cabin or dwelling shall be built unless it contains a minimum floor area
of 400 square feet exclusive of porches and patios, and the side nearest the
road is at least 20 feet wide.
7. No more than one building may be built on any one lot except on lots designated for multiple units.
8. Garages, carports or car shelters, if built, shall be attached to, and a part of
the main dwelling.
9. No open fires shall be permitted on any part of the property. Outdoor
fireplaces, if built, and all chimneys shall be provided with fire screens.
10. No buildings shall be used for any other than residential purposes (except
on lots designated by the subdividers as Commercial lots) and no offensive trade or other activity shall be carried on, on said lot, nor shall anything be done thereon which may constitute or become an annoyance or a nuisance.
11. No trees over two inches in diameter shall be cut down without the permission of the Architectural Committee.
12. No signs shall be erected, permitted or maintained upon the property without the written consent of the Committee.
13. Garbage must be kept in covered metal containers, or buried, and trash, tin
cans, bottles, papers, etc. shall be kept in wire or metal containers, or buried.
14. No rifle, shotgun or small arms shooting shall be permitted anywhere upon the property, except in areas reserved and designated for same.
15. Since no commercial enterprises will be permitted which could destroy the desirability and beauty of this natural woodland, the seller reserves all oil,
water and mineral rights. However, this does not prohibit the development of
a water well for private use.
16. All roads and driveways within the property hereby conveyed are to remain private, to be used by lot owners and their invitees only. Road maintenance costs shall be prorated between property owners serviced, fronting on, or benefited by such roads, not to exceed $5.00 per year per lot.
17. Seller reserves a right-of-way with rights of entry upon, over and across and through said lot for the purpose of constructing, operating, maintaining and repairing, pole lines for electrical and telephone service, and other utilities, reserving to the seller the sole right to convey the rights hereby reserved.
At the time of the execution of the Deed of Trust, this property was reported to have an address of: 751 Johnny Cake Lane, Harpers Ferry, WV 25425-5487.
The referenced real estate will be conveyed with no covenants of warranty, and subject to all covenants, restrictions, easements, rights of way and reservations which may be a matter of record in the aforesaid Clerk’s Office or visible upon the ground, all prior liens and encumbrances, including, without limitation, liens for real estate taxes, incinerator, sanitary and sewer charges. The purchasers at the sale shall be responsible for paying the recording costs and also the tax on the privilege of transferring real property (the cost of the tax stamp to be affixed to the deed). The purchasers shall be responsible for payment of all real estate taxes.
The subject property will be sold in “AS IS” condition. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.
TERMS: $9000.00 in cash and/or certified funds as deposit at the time of sale with the balance due and payable within 30 days of the day of sale.
FEDERAL TAX LIEN: In the event that there are Federal Tax Liens against the property, the United States would have the right to redeem the property within a period of 120 days from the date of such sale or the period allowable for redemption under local law, whichever is longer.
Pursuant to the Deed of Trust, the Trustee may postpone the sale by public announcement at the time and place designated or by posting a notice of the same, and act by agent in the execution of the sale. The parties secured by the Deed of Trust reserve the right to purchase the property at such sale.
SENECA TRUSTEES, INC.
5000 Coombs Farm Drive, Suite 104
Morgantown, WV 26508
(304) 413-0044
(304) 292-2918
Toll free: (888) 534-3132
Reference File No. 91424
9/4/2t