Thanks for all the input everyone. I got approval yesterday that BMW is buying my car back, I'm so relieved. Since I plan on getting another X5 (w/o adjustable ride height), I asked BMW to see if there is an executive demo in the fleet that I could obtain. That may be the best solution, since sales tax just increased here April 1st.
My ideal replacement would be a 2006 4.4 or 4.8 w/sport pkg, premium pkg, cold weather and remianing BMW maintenance warranty.
The 4.8i seems to be a long shot for me, since every example I've seen has adjustable ride height, but you never know, I recently saw an X5 here with no sunroof.