They modified it due to hardship on the borrower, not so a subsequent buyer could profit from it.

Reason being, if you read enough you'll notice that they have conflicting and often opposing viewpoints when comparing the books/authors with each other.This sort of doesn't give you a chance to formulate and emulate one position and subsequently test it.

I completely understand that logic, but seems like you could be spending a lot of money sending subsequent mailings to someone years down the line that has no intent on selling the property and just never took the time to contact you to tell you.So again, at what point do you just move on from a particular lead, or do you just keep mailing and/or calling until you find that the subject property is sold?

@Jennifer BeetsI think your only option is to try and get it rezoned residential.Was it zoned residential when you bought it and then subsequently changed? 

I think your LTV and your numbers are good enough for a lender to lend on based on all the info you have subsequently provided in this thread.

Since the withholding is based on the sales price without knowing what the profit actually is, when you file your tax return, If your gains on a property and subsequent taxes due were less than you paid you will get a refund.

When I originally gave the loan a part of the documents is a statement that no subsequent lines can be placed on the property without written approval from myself.

For some reason I can't open any subsequent pages of replies to the topic search. i.e.

(Not to mention all of the additional rents in subsequent years and leaving the headache behind).

So if you earn a $100 stake in the company, you pay taxes on that $100.I know you mentioned profit sharing, but perhaps there is an opportunity to increase your stake in the profit share and subsequently decrease your stake in the equity share.