AMD Athlon X3 Bottle Neck GTX 560?

Also i have done many things to try and increase fps, over clocking, updates and newest drivers are installed, bios has been completely updated.

Upgrading to a 2500K will probably increase your FPS by about 5-10%.Even so i think it's not worth it.
The thing holding you back is your graphics card.
If you can afford it, just buy a better one and be done with it.

And by the way 40-70FPS is still very good.

http://www.techspot.com/review/601-black-ops-2-performa...

Thanks i will keep that in mind, yeah i guess it is but on full settings that article sais i should be getting around 49 fps, I will only get around 20.

I noticed a big FPS drop with BO2 as well. I've noticed SEVERE latency where people are out of sync with me (there seems to be a slight delay where I'm running a tick slower and seeing people AFTER they've already seen me- Kill cams seem to support this as they instantly pop up and kill me seemingly in one shot while playing, but on kill cam they pop up for second and then they're shooting like 10 bullets) and it's NOT lag. BO2 is actually more CPU intensive then previous games, and utilizes 2 cores. You could try setting affinity so BO2 is using 2 of your 3 cores that aren't seeing as much usage and see if that helps, but in reality it's probably time to upgrade the CPU to a Vishera. On Newegg I read where a guy claimed to get healthy bump in FPS on BO2 after switching from a Phenom to a Vishera (think he went from 6 core Phenom to 6 core Vishera, but I'm not 100% on that) and he was liking it a LOT. I'm running an Athlon II X2 250 @3.75Ghz OC and MP pegs the CPU usage rather hard. I know loading BO2 MP pegs the CPU at 100% which doesn't happen with other games nor programs. Maybe Treyarch needs to optimize some code or something.

I just looked on Nvidia's site. Go to their "Beta Drivers" and download 310.64 as it apparently has improvements for BO2, AC3, Far Cry 3, and Hitman + some other games that don't seem to be in the normal non-beta download. They're claiming a 26% boost with BO2 which seems pretty MASSIVE!