@Dakota Fleming, I'd proceed carefully, as 5% sounds like a too good to be true deal from a private lender. 

I’m debating on selling my rental property (4plex) and utilizing a 1031 exchange to funnel the proceeds into a larger property (10+ units) to scale my portfolio, and retain some of the proceeds from the sale for future use.

If this isn't Nickle and dime money then this should move to a court room first and get this lien extinguished.  

My rep fought the good fight won some lost others all the way to Tax Court. 

Jason,You have (90) days to occupy unless there is an "extenuating circustance" and renters unfortunatley fall under that reason so (Good & Bad) you would just have to show the proper procedures (court request to vacate) if the lender requests reason or letter of explanation.

You should be able to look any occupants up on your local county circuit Court lookup page.If you do allow her get a bigger deposit within local laws.

You could split the proceeds into a few assets rather than finding one 6mil property.

The one is from the Landlord wanting to collect Damages in Small Claims Court from people who quit their JOB's as soon as the Judge awards you Damages, like on Judge Judy...try to get Blood from a Stone.

Example from seller's side and buyer's side:- The divorce or probate court judge says the property MUST be sold by the end of the year.

Get the docket summary and final if you have to pay the $5.00 to get copies from the court yourself.