I would recommend a i7-2600, with a GTX 560 Ti for the graphics card. The Hyper-threading that the i7-2600 offers will be helpful running 3DS Max, although it won't be beneficial with gaming. I would recommend taking a second look at overclocking, with the K edition i7-2600K overclocking is simple to do and overclocks upwards of 4.5GHz on air cooling have been quite common. The GTX 560 Ti is a great mid-range card for both gaming and 3D modeling. 8GB of RAM would be a good choice given your needs, although I would recommending buying two 4GB sticks rather than 4X2GB so that you can add extra RAM down the road more easily.
thanks, this would be my first build so im very scared. I saw the link to cyberpower and many ppl refer to it. If I was to custom a build from them would I be getting ripped off? I mean do they over price their builds? I think it would be more convenient for me to just buy from a site that can do a custom build delivered. Im going to look into a i7-2600 per jprahmans suggestion. If anyone wants to suggest a build that would be greatly appreciated, I dunno if I should start a new thread on the cyberpower category but ill wait.
I don't think that CyberPower PCs are way overpriced, although you could probably build a rig with similar specs to what CyberPower offers for slightly less money. So if you really aren't comfortable building it yourself then I don't think it would be a bad idea buying one from CyberPower.