NOTICE OF TRUSTEE’S SALECOMMERCIAL LOAN
PURSUANT TO THE REVISED CODE OF WASHINGTON
CHAPTER 61.24, ET.SEQ.
Grantor: James Fox, Jr, an unmarried person
Current Beneficiary of the Deed of Trust: The James W. Fox and Rebecca J. Fox Family Trust
Current Trustee of the Deed of Trust: Dickson Frohlich Phillips Burgess, PLLC
Current Mortgage Servicer of the Deed of Trust: The James W. Fox and Rebecca J. Fox Family Trust, James W. Fox and Rebecca J. Fox Trustees Reference Number for Deed of Trust: 202305150435
Parcel Number: 461500-0-060
1. NOTICE IS HEREBY GIVEN that the Dickson Frohlich Phillips Burgess, PLLC, the undersigned Trustee, will on Friday , October 3rd, 2025 at 10:00 AM at the 2nd floor entry plaza outside the Pierce County Courthouse located at 930 Tacoma Avenue S, Tacoma, WA 98402, and sell at public auction to the highest and best bidder, payable, in the form of cash, cashier’s check or certified funds from a federal or state charted banks, at the time of sale the following described real property, situated in the County of Pierce, State of Washington, to wit:
Tax Parcel ID: 461500-0-060 Which has the addresses of: 10111 Cedrona St. SW, Lakewood, WA 98498
which is subject to a Deed of Trust (the “Deed of Trust”) between James Fox, Jr, an unmarried person, as Grantor, and Dickson Frohlich Phillips Burgess, PLLC, as Trustee, to secure an obligation in favor of The James W. Fox and Rebecca J. Fox Family Trust (“Beneficiary”) dated May 15, 2023, and recorded on May 15, 2023, under Auditor’s File No. 202305150435, in the records of Pierce County, Washington. Said Deed of Trust is not recorded in any other county or state. Said Deed of Trust is intended to secure performance of a Promissory Note dated May 15, 2023, in the principal amount of $246,062.00, from James Fox Jr. (“Borrower” of said Note) to James W. Fox and Rebecca J. Fox, Trustees of The James and Rebecca Fox Family Trust (“Lender”).
2. No action commenced by the Beneficiary of the Deed of Trust is now pending to seek satisfaction of the obligation in any Court by reason of the Borrower’s or Grantor’s default on the obligation secured by the Deed of Trust.
3. The default(s) for which this foreclosure is made is/are as follows:
a. Failure to abide by the requirements of Section 2 of the Promissory Note and failure to pay the total amount owed in full on May 15, 2025, as specified in the Deed of Trust and Promissory Note.
b. Failure to pay when due the following amounts which are now in arrears: $337,404.17.
4. The sum owing on the obligation secured by the Deed of Trust is $337,404.17 which represents: The principal sum of $246,062.00 together with additional sums loaned, if any, and such other costs, fees and interest as are provided by statute, the terms of the Deed of Trust, and the Promissory Note.
5. The above-described real property will be sold to satisfy the expense of sale and the obligation secured by the Deed of Trust as provided by statue. Said sale will be made without warranty, express or implied, regarding title possession or encumbrances, on Friday, October 3, 2025. The defaults referred to in Paragraph 3 must be cured by September 22, 2025 (11 days before the sale date) to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time before September 22, 2025 (11 days before the sale date) the amount in default at that time as set forth in Paragraph 3 and 4 is cured and the Trustee’s fees, costs and attorney’s fees are paid. Payment must be in cash or with cashiers or certified checks from a state of federal charted bank. The sale may be terminated any time after September 22, 2025 (11 days before the sale date) and before the sale, by the Borrower or Grantor or the holder of any recorded junior lien or encumbrance by paying the principal and interest, plus costs, fees and advances, if any made pursuant to the terms of the obligation and/or Deed of Trust.
6. A written Notice of Default was transmitted by the Beneficiary or Trustee to the Borrower and Grantor at the Following Addresses:
TO: James Fox, Jr, an unmarried person
10111 Cedrona St, SW.
Lakewood, WA 98494 TO: James W. Fox and Rebecca J. Fox, Trustees of The James W. Fox and Rebecca J. Fox Family Trust.
8280 Oyster Shell Lane
Anacortes, WA 98221
by both first class and certified mail on April 23, 2025 proof of which is in the possession of the Trustee; and the written Notice of Default was posted in a conspicuous place on the real property described in Paragraph 1 above, on April 24, 2025, and the Trustee has possession of proof of such service or posting.
7. The Trustee whose name and address are set forth below will provide in writing to anyone requesting it: (1) proof that the James W. Fox and Rebecca J. Fox Family Trust, is the lawful Beneficiary of the abovementioned Deed of Trust; and (2) a statement of all costs and fees due at any time prior to the sale.
8. The effect of the sale will be to deprive the grantor and all those who hold by, through or under the grantor of all their interest in the above-described property.
9. Anyone having any objections to this sale on any grounds whatsoever will be afforded an opportunity to be heard as to those objections if they bring a lawsuit to restrain the sale pursuant to RCW 61.24.130. Failure to bring such a lawsuit may result in a waiver of any proper grounds for invalidating the Trustee’s sale.
NOTICE TO OCCUPANTS OR TENANTS: The purchaser at the Trustee’s Sale is entitled to possession of the property on the 20th day following the sale, as against the Grantor under the Deed of Trust (the owner) and anyone having an interest junior to the Deed of Trust, including occupants and tenants. After the 20th day following the sale the purchaser has the right to evict occupants and tenants by summary proceedings under the Unlawful Detainer Act, Chapter 59.12 RCW.
NOTICE TO GUARANTOR: 1) The guarantor may be liable for a deficiency judgment to the extent the sale price obtained at the trustee’s sale is less than the debt secured by the deed of trust; 2) the guarantor has the same rights to reinstate the debt, cure the default, or repay the debt as is given to the grantor in order to avoid trustee’s sale; 3) the guarantor will have no right to redeem the property after trustee’s sale. 4) subject to such longer periods as are provided in the Washington Deed of Trust Act, Chapter 61.24 RCW, any action brought to enforce a guaranty must be commenced within one year after the trustee’s sale, or the last trustee’s sale under any other deed of trust granted to secure the same debt; and 5) in any action for a deficiency, the guarantor will have the right to establish fair value of the property as of the date of the trustee’s sale, less prior liens and encumbrances, and to limit your liability for a deficiency to the difference between the debt and the greater of such fair value or the sale price paid at the trustee’s sale, plus interest and costs.
If the Trustee is unable to convey title for any reason, the successful bidder’s sole and exclusive remedy shall be the return of monies paid to the Trustee, and the successful bidder shall have no further recourse. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
DATED this 26th day of August, 2025.
/s/ JACOB J. WALKER
Dickson Frohlich Phillips Burgess,
PLLC
Successor Trustee
909 A Street, Suite 900
Tacoma, WA 98402
(253) 572-1000
(253) 572-1300- fax
STATE OF WASHINGTON )
) ss.
COUNTY OF PIERCE )
On this day personally appeared before me, Jacob Walker, to me known to be the individual in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned.
Given under my hand and official seal this 26th day of August, 2025.
/s/ Sheri Sills
NOTARY PUBLIC in and for the
State of Washington. Residing at: Tacoma, WA My commission expires: 08/19/27 IDX-1019208
September 5, 26, 2025
