The property is in good condition, cash-flowing..fully occupied.

I would personally then use the 40-50k to increase my buying power using Hard Money/ Angel Funds/Etc. 

@Kevin RodriguezYou could also increase the rate a little, do lender paid MI so it doesn't show up as a separate  component of your monthly payment and then get a better deduction on your income taxes.Stephanie

Having knowledgeable people helping you will vastly increase your chances of success.  

I increased the maintenance and repairs numbers to account for any possible deferred maintenance.

My attorney was a little suspect at why they would be willing to do this, and said I may have issues on my resale if not at the same title company, or by any future seller after me- but that my liability would be limited to the increase in value above the amount of my policy.  

The property itself is in good condition; new roof 3 yrs ago, 3 phase elec, solid HVAC, 16ft drive thru, 2 roll ups, 2 docks. needs no current upgrades(technically, everything except roof, structure and parking lot is tenants responsibility).

If you want to introduce new rules or increase rents etc. they can simply withhold the rents and you go bankrupt.Not a good investment risk.

If they are, you'll be restricted on increasing income and may even have to lower your rents if the utility allowances increase from year to year.Just a few things to consider.

As morbid as this sounds, this exclusion would theoretically extend to employees, family members, etc.As the result of the Presidentially declared disaster, a document used in your 1031 exchange is damaged, lost, or destroyed.As the result of the Presidentially declared disaster, a bank or lending institution temporarily delays, or decides to not move forward with a mortgage.As the result of the Presidentially declared disaster, a transaction is delayed because of the inability to obtain flood, casualty, or title insurance that is required to complete the transactionDon’t assume that you’re automatically granted an extension simply because the above conditions are met.